PLEASE READ THIS TERMS OF SERVICE CAREFULLY BEFORE USING SERVICE
This Agreement is between Fox Renderfarm ("Fox") and you ("you" or "Customer"), as an authorized user of Fox Online Render Services, and governs the terms and conditions of your use of Render Services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by Fox (collectively, the "Agreement"), constitutes the entire agreement between Fox and you regarding Render Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, "Online Render Services" or "Services" are defined as any and all services provided by Fox to you either now or in the future. By using Fox Services, you confirm your acceptance of, and agree to be bound by, this Agreement.
Definition of Terms
a. Fox Renderfarm is referred to herein as "Fox," "we," "us," or "our."
b. You, as the user, are referred to herein as "you," "user," "subscriber," "client," or "customer."
c. The equipment and software owned, leased, used by, or maintained for or by Fox are referred to herein as "system."
d. User files, directory, and file content are referred to herein as user files.
e. User file uploaded in and/or gathered by Fox's system about the user, user's files, and user's system usage (user's meta-information) are referred to herein as "user data."
Description of Service
Fox is in the business of providing web-based render services. It is our goal to provide you with the best access possible to online computing resources available through the Internet. Our business depends upon it and Fox is strongly motivated to achieve success. We want you to have the best possible experience in dealing with online render farm and using Fox's services.
To use the Service, you must register on on your behalf. As part of the registration process for the Service, you agree to: (1) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If Fox discovers that any of your Registration Data is inaccurate, incomplete or not current, Fox may terminate your right to access and receive the service immediately upon notice. Fox will evaluate the registration application in good faith and will notify you in a timely manner regarding acceptance or rejection. Fox may reject a registration application if it determines, in its sole discretion that the user is not an appropriate subscriber or user of the Service. Fox reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts.
Incomplete Signup Emails
If you begin the sign up process for Fox Services but fail to complete the process, Fox may contact you one time via email in an effort to help successfully guide you through this process. You hereby authorize Fox to make such contact, even if you ultimately determine not to sign up for Fox Services.
Fox grants you a personal, non-exclusive, non-transferable license to use the products and software contained in or made available through the Service (the "Content") solely for your own internal purposes. All rights not expressly granted by Fox to you are retained.
A user account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with Fox. To open a user account, you or your company must complete the registration process by providing Fox with current, complete and accurate information as prompted by the registration form. In registering for the Service, you agree to submit accurate, current and complete information about you and promptly update such information. Should Fox suspect that such information is untrue, inaccurate, not current or incomplete; Fox has the right to suspend or terminate your usage of the Service. You will choose a personal, non-transferable password. User accounts cannot be "shared" or used by more than one individual.
Payment of Fees
Fox offers its Service, as described on the Fox website (www.foxrenderfarm.com) and as published within the Service, for Render service charges(the "Fees") which you will pay to Fox by authorized credit card through PayPal or wire transfer. The Fees applicable for the Service are available at www.foxrenderfarm.com and as published within the Service. Fox reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which will be sent by email).
If you believe Fox has charged you incorrectly, you must contact Fox no later than 7days after the render task is done, in order to receive an adjustment or credit. Inquiries should be directed to Fox's Customer Service Department (firstname.lastname@example.org.)
Trial Offers, Coupons, Credits and Special Offers.
Fox reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. The Free Trial offer new, registered user $20 for free trial usage of the service. You can also buy credits for formal render; render will be paused once your account has insufficient funds. System will not charge you if the render fails.
Fox, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your user account upon notice to Fox at any time; however, you will not receive a refund of any portion of your fees paid to Fox. Upon termination by Fox or at your direction, you may request a file of your Data on the premise that Fox still have your Data. You must make such request at the notification of termination to receive such file within (30) days of termination. Upon termination of an account, your right to use such account and the Service immediately ceases. Fox shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.
Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content. You agree that Fox or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and Content, including, without limitation, text, images, and other multimedia data. Fox and/or other Fox products and services referenced herein are either trademarks or registered trademarks of Fox.
You shall indemnify and hold Fox and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.
Disclaimer of Warranties
FOX MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. FOX DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY FOX.
Limitation of Liability
IN NO EVENT SHALL FOX'S AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL FOX BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF FOX HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Local Laws and Export Control
Fox controls and operates this Service from its location in area of People's Republic of China and is subject to the Regulations on Technology Import and Export Administration of the People's Republic of China. Fox makes no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside People's Republic of China, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to People's Republic of China law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the People's Republic of China Government for such purposes. You shall comply strictly with all People's Republic of China export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Modification to Terms
Fox reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service and/or by sending you an email message. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
This Agreement will be governed by People's Republic of China law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Service only in People's Republic of China. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Fox as a result of this agreement or use of the Service. The failure of Fox to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Fox in writing. Fox has the right to assign any or all of its rights and obligations under this Agreement at any time. This Agreement comprises the entire agreement between you and Fox and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
2012, Fox Renderfarm